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section 43

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Preferential transactions under Section 43 of IBC

Income Tax : Understand Section 43 of the IBC, covering preferential transactions, antecedent debt, look-back periods for related and unrelated...

July 10, 2025 1794 Views 0 comment Print

Taxation of Derivative and Futures & options (F&O) Transactions

Income Tax : Learn about taxation on derivatives and F&O transactions, their treatment as business income, audit requirements, and presumptive ...

September 17, 2024 15471 Views 0 comment Print

Bonafide Mistake: Still a Bonafide plea under Black Money Act?

Income Tax : Explore conflicting rulings on whether bonafide mistakes in disclosing foreign assets under the Black Money Act can avoid penaltie...

August 26, 2024 2859 Views 0 comment Print

Things to Keep in Mind While Disclosing Your F&O Income at the Time of Filing Taxes

Income Tax : F&O traders need to know how their profits are taxed. With the ITR return filing date approaching, it is imperative to know how st...

July 9, 2024 2664 Views 0 comment Print

Payment to MSMEs in 45/15 Days: Section 43B(h) Explained

Income Tax : Explore the impact of Finance Act, 2023, on MSME payment enforcement under section 43B(h) of the Income Tax Act, 1961. Understand ...

February 5, 2024 302661 Views 9 comments Print


Latest Judiciary


ITAT Deletes Software Cost Mark-Up Addition Holding Pure Reimbursement Is Not Profit-Making Service

Income Tax : The ITAT Delhi ruled that reimbursement of software costs to foreign AEs on a cost-to-cost basis could not be treated as a profit-...

May 16, 2026 147 Views 0 comment Print

ITAT Mumbai Orders Allocation of Head-Office Costs to Eligible Units to Compute 10B/80-IB Deductions

Income Tax : Tribunal directed allocation of common head-office expenses (and common income) to eligible industrial undertakings when computing...

March 18, 2026 396 Views 0 comment Print

Disallowance u/s. 14A limited to extent of investment which yielded exempt income

Income Tax : ITAT Chennai held that disallowance in terms of section 14A of the Income Tax Act read with rule 8D restricted to the extent of in...

February 14, 2026 444 Views 0 comment Print

Disallowance U/s 14A while computing book profit U/s 115JB deserved to be deleted

Income Tax : ITAT Mumbai held that disallowance made under section 14A of the Income Tax Act added to Book Profits for computing taxes under se...

February 13, 2026 348 Views 0 comment Print

ITAT Mumbai Restores Section 43 Penalty Matter for Fresh Verification of Foreign Bank Accounts

Income Tax : The case involved a penalty for alleged non-disclosure of a foreign bank account. The Tribunal held that ambiguity regarding linke...

February 4, 2026 408 Views 0 comment Print


Latest Notifications


CBDT notifies more modes of e-payments; 6DD limit reduced to ₹ 10000

Income Tax : Notification No. 8/2020-Income-Tax- CBDT has notified Other electronic modes by inserting New Income TAx Rule 6ABBA. It also amend...

January 29, 2020 14184 Views 0 comment Print

CBDT notifies Ace Derivatives and Commodity Exchange Ltd.’ for trading of commodity derivative U/s. 43(5)

Income Tax : Notification No. 15/2014-Income Tax entral Government hereby notifies the Ace Derivatives and Commodity Exchange Limited, Ahmedaba...

March 20, 2014 1000 Views 0 comment Print


Amount directed to be deposited with Corporate Debtor as transaction hit by Section 43 of IBC during CIRP

December 4, 2023 747 Views 0 comment Print

NCLT Ahmedabad held that before commencement of insolvency, the assets of the corporate debtor are stripped many a times by the management. The suspended management conceals the data from RP during CIRP process. Amount directed to be deposited with Corporate Debtor as the transaction is hit by provisions of section 43 of the Insolvency and Bankruptcy Code.

Right of person to enjoy property cannot be prevented alleging non-registration of document u/s 22A

November 6, 2023 4371 Views 0 comment Print

Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.

Shares/securities/PMS/Mutual fund held as investment taxable under capital gains

November 2, 2023 1374 Views 0 comment Print

ITAT Delhi held that income from sale of shares/securities/PMS/Mutual Funds, etc. which were held as investment and not as stock-in-trade is taxable under the head capital gains and not under the head business income.

Order rejecting GST refund for non-receipt of lease rental passed without considering contention remanded back

October 30, 2023 768 Views 0 comment Print

Delhi High Court concluded that Appellate Authority failed to consider the contention of the petitioner that there was no supply of service via-a-vis refund of GST. Accordingly, matter remanded to Appellate Authority.

Subsidy from Government under Focus Market Scheme is revenue receipt

October 25, 2023 1791 Views 0 comment Print

ITAT Chennai held that subsidy received from Government of India under the Focus Market Scheme is Revenue in nature. The same cannot be at any stretch of imagination considered as capital in nature.

Demand of sales tax sustained as discrepancies in sales figures and physical stock not explained

October 25, 2023 948 Views 0 comment Print

Delhi High Court held that as discrepancies in sales figures as well as physical stock not explained, the assessing authority took a fair view in enhancing sales by 10% of net GTO after deducting the stock transfer figure of GTO. Accordingly, levy of tax with interest confirmed.

ITAT Allows Depreciation for Textile Spinning Unit Acquired via Bank of Baroda Auction

October 25, 2023 591 Views 0 comment Print

In the Varadaraja Textiles case, ITAT Chennai ruled that depreciation is allowed for a textile spinning unit acquired through an auction sale, disputing the nil cost assessment.

Expenditure towards brand reminder, customer gifts, purchase of medical books and journals not allowable u/s 37(1)

October 12, 2023 1203 Views 0 comment Print

ITAT Mumbai held that expenditure towards brand reminder, customer gifts, purchase of medical books and journals is not allowable expenditure u/s 37(1) of the Income Tax Act as such expenses are in the nature of free bees and prohibited.

Resolution plan approved by CoC cannot be interfered by Adjudicating Authority

September 29, 2023 1443 Views 0 comment Print

NCLT Delhi held that resolution plan submitted by the Successful Resolution Applicant which was approved by CoC cannot be interfered by Adjudicating Authority. Adjudicating Authority is not empowered to analyse or evaluate commercial decision of CoC.

Benefit u/s 35(2AB) available on expenditure on clinical trials outside approved in-house R&D facility

September 23, 2023 4173 Views 0 comment Print

ITAT Mumbai held that the benefit under section 35(2AB) of the Income Tax Act is also available in respect of expenditure on clinical trials outside the approved in-house R&D facility.

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